| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to increasing opportunities for tenants to own homes under eventual tenant ownership programs established under the federal low-income housing tax credit program; |
| Bill Description | Increasing opportunities for tenants to own homes under eventual tenant ownership programs established under the federal low-income housing tax credit program. |
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What this bill does
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This bill adds two new sections to chapter 43.180 RCW that create duties for private developers who receive federal low-income housing tax credits from the commission and who participate in programs intended to help tenants become homeowners. Those duties include establishing any reserve or escrow accounts required by commission or federal rules, informing residents and purchasers of their rights and responsibilities related to ownership transfer, informing nonprofit, municipal, or tribal development partners of their rights and requirements under LIHTC agreements, and ensuring ownership is transferred to tenants in a timely manner as required by law or commission-approved agreements.
The bill directs the commission to promptly investigate complaints and audit findings from the IRS or the State Auditor alleging violations of these duties and to act on any findings within six months. If the commission finds a violation, it may withhold additional federal LIHTC allocations to that developer for one to five years and must prohibit a willful violator from participating in any program funded or administered by the commission for two to five years. Developers may appeal the commission’s findings to the Office of Administrative Hearings under chapter 34.05 RCW (the Administrative Procedures Act). The enforcement provision applies retroactively to violations occurring up to five years before the section’s effective date.
The bill also requires the commission to annually monitor progress on development agreements that use eventual tenant ownership or rent-to-own options and to post results on its website, and to inform tenants of opportunities to comment or file anonymous complaints. The text provided does not identify which entity is meant by “the commission,” does not define what constitutes a “timely” or “reasonable” period for transfer, does not state the sections’ effective date, and does not include the specific rules or procedures for reserve accounts, monitoring content, or how tenants may comment or file anonymous complaints.
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Why it matters
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If enacted, developers who receive federal low‑income housing tax credits and run programs meant to turn tenants into homeowners would face new, specific duties: they would need to create required reserve or escrow accounts, actively tell tenants and nonprofit/tribal/municipal partners about rights and responsibilities related to ownership transfers, and actually transfer ownership on a timely schedule. Practically, that means more administrative work and likely higher short‑term costs for accounts, outreach, and recordkeeping, and a real risk to future funding — the agency that oversees these credits can withhold new allocations for one to five years or bar a willful violator from commission‑funded programs for two to five years; those sanctions can be triggered by complaints or IRS or State Auditor findings and apply retroactively up to five years. Developers would be able to appeal enforcement decisions.
The overseeing commission would need to ramp up investigations, act on audit findings or complaints within six months, monitor and post annual progress on tenant‑ownership or rent‑to‑own agreements, and inform tenants how to comment or file anonymous complaints, increasing the agency’s enforcement and transparency workload. Key implementation details are unclear from the text provided: the bill does not say which specific agency is the “commission,” what counts as a “timely” transfer or a “reasonable” period, the effective date for the retroactivity, or the exact format and process for monitoring and tenant complaints, so how strictly and quickly these changes play out in practice could vary.
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| Official Documents | View Full Bill Text |
| Hearing | House Housing (Public) |